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Kansas Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law for Kansas on
Q: Bought car from dealer, found out today that they lied about it not having any mods, warranty is voided. Help!

2015 Subaru WRX STI.

Eddy Chrysler Dealership Wichita, KS.

Already paid for some repairs.

James L. Arrasmith
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answered on Nov 9, 2023

When purchasing a vehicle that was represented as unmodified, and you later discover modifications that affect the warranty, it's crucial to assess the situation thoroughly. Begin by examining the purchase agreement and any statements made by the dealership regarding the condition of the car.... View More

1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Kansas on
Q: How feasible would it be to put my house in an llc to avoid harassing calls from investors to buy it?
Anthony M. Avery
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answered on Mar 6, 2024

A well designed limited liability company will have a business address at some out of State or Country, with no member name shown. But property taxes still have to be paid. Hire a competent attorney to organize the LLC and draft that Deed.

1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Health Care Law for Kansas on
Q: Is anyone taking Abilify cases anymore?

My husband has been on Abilify for 20 years. He recently found out that Abilify could cause compulsive behaviors e.g., gambling and compulsive shopping. He changed medications about a month ago and quickly started to see the differences. The urges were gone, and he was able to admit to his... View More

Tim Akpinar
Tim Akpinar
answered on Mar 6, 2024

A Kansas attorney could advise best, but your question remains open for two weeks. I'm sorry for your family's ordeal. You would probably need to research online and reach out to law firms. Product liability firms that handle cases involving medications generally advertise the... View More

1 Answer | Asked in Consumer Law and Real Estate Law for Kansas on
Q: husband had an affair 5 years ago. he was a cosigner on a house mortgage with the affair partner.

What is his obligation? Is he responsible for the mortgage if she doesn't pay?

Anthony M. Avery
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answered on Sep 1, 2023

Whoever signed the Note is liable personally. If he was a cosigner then he is liable on the Note indebtedbness.

2 Answers | Asked in Bankruptcy and Consumer Law for Kansas on
Q: We contacted lender to voluntarily repo our truck. We then parked it where it could be towed and dropped the insurance

The next day the truck was gone and we thought the lender took it. Several days later the lender said they did not have the truck and it must be stolen and to report it to the police which we did. The truck has not been located. Now the lender is contacting us. What are our options?

Peter Christopher Lomtevas
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answered on Dec 15, 2022

Without seeing the loan agreement that discusses remedies in the event of theft, perhaps the asker owes the full cost of the vehicle minus payments made.

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1 Answer | Asked in Bankruptcy, Consumer Law, Contracts and Education Law for Kansas on
Q: Can I sue my University? I have a degree from this university, they are blocking my from applying for their jobs.

I earned a degree from my local university. I have not been able to get a job in my field and now after applying for 100+ jobs on their website over the last 15 years, their application portal will mysteriously not let me apply for anymore and nobody can figure out why. Can I sue them for... View More

Timothy Denison
Timothy Denison
answered on Jul 1, 2022

You’re going to need some in depth research and data to prove that the degree is worthless or that the university is blocking your efforts to find a job. May be a tough row to hoe.

2 Answers | Asked in Bankruptcy, Consumer Law, Civil Rights and Education Law for Kansas on
Q: Can I sue a University if there degree is useless and didn't advance my career?

I'm in healthcare and have been a clinical associate, CNA and dental assistant. I graduated KU with a 147 credit bachelors of general studies. Now I have a bunch of student debt and the only jobs available for me pay the same or less than before I received my degree and I'm at risk of... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Dec 15, 2020

On the few facts you provide, it seems that you got what you enrolled and paid for at KU. I assume that you chose your field of study leading to your degree.

That may change somewhat if you have something from KU, in writing, promising you a better paying job/career than what you already...
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1 Answer | Asked in Consumer Law, Contracts, Personal Injury and Products Liability for Kansas on
Q: Rental car>Bad Tags>Pulled over>Charged with FIP>Car Impounded>Jailed

Rented a car and was pulled over due to bad tags. Children's mother forgot firearm. Now being charged with felon in possession. I thought my car was supposed to have valid tags. Now facing multiple felonies.

Tim Akpinar
Tim Akpinar
answered on Nov 19, 2020

A Kansas attorney could advise best, but your question remains open for three weeks and time is of the essence in your actions. Reach out to a Kansas City criminal defense attorney, or if qualifying based on need, you could look into whether you are eligible for a public defender. Good luck... View More

1 Answer | Asked in Contracts, Consumer Law and Real Estate Law for Kansas on
Q: live in apt comp & haven’t had a lease for a year. Got notice that my rent will increase by $75 w/o one Can they?

My lease expired a year ago. They rent the apt for $775, (for the new addition, I live in the old apts) new year lease states that rent is $790, month to month is $840 and if I don’t sign either then the rent will go up an additional $25/mo. Can they do this? Should I move to the new apartments... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 20, 2020

If you are occupying a premises on a month to month basis, in most places the LL can change the terms of your occupancy by providing you with the notice required under the document. When you hold over after a lease expires, you are usually on the same as a month to month tenancy, unless the lease... View More

1 Answer | Asked in Consumer Law and Contracts for Kansas on
Q: What happens in Kansas if failure to pay and return items to Rent-A-Center?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Feb 2, 2020

Probably the same thing that would happen in Florida: the Rent-a-Center can file a criminal complaint for stealing as well as sue you for breach of contract.

1 Answer | Asked in Consumer Law for Kansas on
Q: Is my case most likely going to yield a large settlement?

Not to go into too much detail.. but I am pursuing a lawsuit against a vape company for a severe diagnosis; I have done almost everything I need to do on my end before I sign the contingency agreement; the last step is to have a doctor that the lawyer works with examine me to confirm the diagnosis.... View More

Tim Akpinar
Tim Akpinar
answered on Oct 30, 2019

This is a question that a plaintiff naturally wonders about in any case - what will the settlement or jury verdict be? Your attorney could have a better idea of the value of the case once discovery has been completed and it is ready for the trial calendar. At that point, or possibly sooner,... View More

1 Answer | Asked in Consumer Law for Kansas on
Q: There are several nail salons in Wichita Kansas that refuse to honor gift certificates past one year of issuance.

What can be done about that? Who do I talk to ?

Adam Savett
Adam Savett
answered on Sep 5, 2019

Kansas has a gift card / gift certificate expiration law (KS Stat § 50-6,108) that states:

Gift certificates or gift cards; regulation of; exceptions; definitions. (a) On and after January 1, 2007, no person, firm, partnership, association or corporation shall sell a gift certificate or...
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1 Answer | Asked in Consumer Law and Energy, Oil and Gas for Kansas on
Q: I have a clean record yet im being denied energy because of someone who lives with me that has an old overdue billlegal?

Even if he leaves i will have to prove he lives somewhere else which will leave me powerless for an extended time. Can i just be denied service on a hunch like this?

Tim Akpinar
Tim Akpinar
answered on Aug 25, 2019

That seems like a very high level of scrutiny if the account is in your name, you are not married, or don't have joint ties that could come up in any type of reports. In large cities where electric utilities serve millions of ratepayers, they don't generally track each and every member of... View More

1 Answer | Asked in Consumer Law for Kansas on
Q: I bought a lawn mower from sears a week after i got it the battery won't stay charged they came out two times to look at

It are they still obligated to fix it

Tim Akpinar
Tim Akpinar
answered on Jul 18, 2019

That's a very short period of time within which to experience a mechanical problem. As a reputable company, Sears would probably want to work with you toward resolving a problem that materialized so soon after purchase. Ask if they have the means to elevate the issue to a higher level of tech... View More

1 Answer | Asked in Consumer Law and Land Use & Zoning for Kansas on
Q: Can a business block my way into my garage?

I've been driving across a vacant city lot for 30 years, a business came in and built their building going 10 feet into the easement of the alley. There was no notice when they were going to build this building and block my access into my garage. I am disabled and the situation of not being... View More

Scott C. Stockwell
Scott C. Stockwell
answered on Jun 4, 2019

Your statement seems to indicate the following: You have a garage that opens into an alleyway. A business built a bulding that extends into the alleyway that blocks access to your access. Your access has previously included access through a vacant city lot for 30 years. It is a little unclear as... View More

1 Answer | Asked in Bankruptcy, Consumer Law, Contracts and Criminal Law for Kansas on
Q: Bayview loan servicer not applying payments

Bayview loan servicing acquired our property in 2016. It was originally inc,used in a bankruptcy it we stayed in the home paying the monthly payment. Later, I fell on financial struggles which cause me to get behind in my payments. A short while later I was approved for mortgage modification &... View More

Timothy Denison
Timothy Denison
answered on Jan 30, 2019

Hire a mortgage defense lawyer and let him handle it for you. You may have several options.

1 Answer | Asked in Insurance Defense, Car Accidents, Consumer Law and Insurance Bad Faith for Kansas on
Q: What to expect for an Examination under Oath?

My husbands car got stolen back in September and was burnt when the police found it. Our insurance Geico, Totaled The car out to be $10,000 somewhere in that ball park. There’s gap insurance on the car... It’s been going on two months and they are finally finishing up the investigation but... View More

Peter N. Munsing
Peter N. Munsing
answered on Nov 15, 2017

They will try to get him to say he torched it--which is dumb because replacement costs more. Contact a member of the Ks Assn for Justice who handles "bad faith" claims --they give free consults.

1 Answer | Asked in Consumer Law, Criminal Law, Federal Crimes and Identity Theft for Kansas on
Q: My husband opened and used a credit card account in my name, without my consent. What can I do?
Brian Leininger
Brian Leininger
answered on Sep 26, 2017

Assuming you want him to be criminally prosecuted for it, gather all of the papers you have regarding this account and go to your local police and make a police report.

1 Answer | Asked in Tax Law, Consumer Law and Real Estate Law for Kansas on
Q: i just found out my home has been sold for unpaid taxes, and i didnt know anything about it what can i do?
Scott C. Stockwell
Scott C. Stockwell
answered on Aug 11, 2017

The initial sale of the house is to the county for the back taxes. There is a period of time in which the owner of the property may redeem the property. You should contact an attorney immediately to determine (a) when the sale took place; (b) the exact period of redemption you have; (c) the... View More

1 Answer | Asked in Banking, Consumer Law and Probate for Kansas on
Q: What is the law regarding a decreased person and a car note, when the bank fails to get the car for almost 2 years?

My father passed away almost two years ago. He left a car with a loan on it and the bank has failed to get it. They have set on my mother's property fore almost 2 years now. Is there anything that we can do to take ownership of the car, or file something against the bank for storage fees?

Scott C. Stockwell
Scott C. Stockwell
answered on Jun 27, 2017

There are appropriate procedures to transfer ownership of the vehicle and to quiet title to the vehicle. How to proceed would depend on the assets involved and the value of the assets involved. If the bank perfected its security interest in the car by recording a lien on the car title, that... View More

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